Effective Date of the Terms: [01 August 2019]
Last Updated: [22 September 2022]
1. Information about Abbott
The Purchase Channels (defined below) are owned and operated by Abbott Laboratories Limited (registered company number 329102) whose registered office is Abbott House, Vanwall Business Park, Vanwall Road, Maidenhead, Berkshire SL6 4XE (VAT no. GB 430 8670 56).
If you decide to purchase products through the Purchase Channels, you are purchasing products from Abbott Laboratories Limited and references to “Abbott” in these Terms shall be construed accordingly. “Reader” refers to the FreeStyle Libre Reader and “Sensor” refers to the FreeStyle Libre sensor accordingly.
2. Terms and Conditions of Sale (“Terms”)
You can place orders for the purchase of the Abbott products either online through https://freestyle.abbott/uk-en/home.html, by calling Abbott Customer Careline on 0800 1701177 or through such other channels as Abbott may provide in the future ("Purchase Channels").
These Terms apply to the purchase of Abbott products ordered through all Purchase Channels. By using any of the Purchase Channels to purchase Abbott products you are indicating your acceptance to be bound by these Terms. These Terms form a legal contract for the purchase of the Abbott products and can only be amended with Abbott’s written consent. Any purchases that you make are subject to these Terms.
The Purchase Channels are for the sale of Abbott products to customers who are resident in the United Kingdom and the Isle of Man and who are aged 18 or over. If you are not resident in the United Kingdom or the Isle of Man, please visit www.FreeStyleLibre.com where you will be directed to the Abbott website in your country (if any). Please note we cannot accept orders from the Channel Islands or Gibraltar.
A copy of these Terms will be provided to you when you receive confirmation of acceptance of your order as described below. You are advised to print a copy of these Terms for reference.
3. Other Applicable Terms
The following documents also apply to your purchase of Abbott products through the Purchase Channels.
4. Your Account
In order to purchase Sensors and/or Reader(s) through the Purchasing Channels an account must be created using an individual email address. Creation of an account will include verification of your identity and the information that you provide must be accurate and complete.
Your access to any of the Purchase Channels may be withdrawn at any time.
You are responsible for maintaining the confidentiality of passwords to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or using your password.
You should take necessary steps to ensure that your password and account details are kept confidential and secure and you should inform Abbott immediately if you have any reason to believe that your password has become known to anyone else or if the password is being, or is likely to be, used in an unauthorised manner.
5. Creating a Contract
If you are placing an order through https://freestyle.abbott/uk-en/home.html the technical steps required to create a contract between you and Abbott are as follows:
- You place an order for your Abbott products on https://freestyle.abbott/uk-en/home.html by pressing the “PRODUCTS” button. You will be guided through the process of placing an order by the instructions on https://freestyle.abbott/uk-en/home.html.
- Please take the time to read and check the details entered at each stage of the order process.
- If you are placing an order through the Abbott Customer Careline, the Abbott Customer Careline representative will talk you through the purchase procedure and will inform you that in order to complete the order you must make payment for the Abbott products.
- After you place an order through the Purchase Channels, you will receive an email from Abbott acknowledging that your order has been received. Abbott’s acceptance of your order will take place when you receive an email that confirms that the Abbott products have been dispatched.
- The contract between you and Abbott will only be formed when you receive the confirmation of dispatch of the Abbott products. The contract will continue in effect until the product warranty referred to in paragraph 22 expires, or, if you exercise your right to cancel (explained in paragraph 19 below), the contract will last until the products have been returned to Abbott in accordance with these Terms and Abbott has refunded you in accordance with these Terms. Your obligations under the contract will cease when the contract ends.
6. Amending These Terms
Without prejudice to your rights under applicable law, Abbott reserves the right to amend these Terms at any time and for any reason.
If Abbott amends the Terms, the most recent version of the Terms will be posted online and will then apply to the purchase of Abbott products through the Purchase Channels.
When these Terms are amended, Abbott will state that these Terms have been amended and show the relevant date at the head of these Terms.
Subject to the following paragraph, every time you order from Abbott products, the Terms in force at the time of your order will apply to the contract between you and Abbott.
If Abbott has to revise these Terms as they apply to your order, Abbott will contact you to give you reasonable advance notice of the changes and let you know how to cancel the contract if you are not happy with the changes. You may cancel either in respect of all the affected Abbott products or just the Abbott products you have yet to receive.
If you opt to cancel, you will have to return (at Abbott’s cost) any relevant Abbott products you have already received and Abbott will arrange a full refund of the price you have paid, including standard delivery charges.
If these Terms are amended and you currently have a direct debit arranged for the purchase of Abbott products, you will be informed of the change to the Terms.
7. Language of Terms and Contract
These Terms and any contract are in English only.
8. Contact Details - Abbott Diabetes Care
To contact the Abbott Customer Careline, please call:
Customer Services Department on 0800 1701177 or visit the contact section on our website; https://freestyle.abbott/uk-en/home/support/contact.html
9. Use of Images
Images of the FreeStyle Libre reader ("Reader") and FreeStyle Libre sensor ("Sensor") are for illustrative purposes only. The Reader and Sensors that you receive may vary from those images.
10. System Requirements
In order to download your readings from the Reader, your computer must meet the following minimum requirements a computer running one of the following operating systems:
· Microsoft Windows 7 (32 or 64 bit)
· Microsoft Windows 8 (32 or 64 bit)
· Microsoft Windows 10 (32 or 64 bit)
· MAC OS High Sierra
At a minimum, a computer with a USB 2.0 compliant hub with a dual-core 1.6 GHz processor and 2.GB RAM. On occasions, the FreeStyle Libre software is updated. For the most up to date software requirements, please visit https://www.diabetescare.abbott/support/manuals/uk.html.
FreeStyle Libre Software is intended for use by individuals and healthcare professionals to aid in the review, analysis and evaluation of information such as Sensor glucose readings, blood glucose test results, blood ketone test results and other data uploaded from the FreeStyle Libre Flash Glucose Monitoring System, in support of an effective diabetes health management program.
FreeStyle Libre software is not intended for the diagnosis of or screening for diabetes mellitus. Users should be aware that FreeStyle Libre software is merely an information management tool and it is therefore not intended to substitute for the support of a healthcare professional. Individuals should always consult their healthcare professional If they have any queries or concerns.
LibreView is developed and distributed by NewYu, Inc. LibreView is intended for use by individuals and healthcare professionals to aid in the review, analysis, and evaluation of information such as Sensor glucose readings, blood glucose test results, blood ketone test results, and other data uploaded from the FreeStyle Libre Flash Glucose Monitoring System, in support of an effective diabetes health management program.
LibreView is not intended for the diagnosis of or screening for diabetes mellitus. Users should be aware that LibreView is merely an information management tool and it is therefore not intended to substitute for the support of a healthcare professional. Individuals should always consult their healthcare professional if they have any queries or concerns about diabetes management.
The minimum system configuration required to use LibreView as a data viewer is:
Windows 7 SP1, Windows 8.1 or Windows 10 Anniversary update (and higher). Display resolution of 1024 x 768 pixels or greater. Internet Explorer 11, Firefox release 32.0 or Chrome release 37.0.
1 Ghz processor (dual/multi-core recommended). 2 GB RAM. Internet connection with 0.5 Mbps download speed.
Mac OS X Yosemite (10.10) or higher. Display resolution of 1024 x 768 pixels or greater. Safari release 10.1 or Chrome release 37.0 or higher. 1 Ghz processor (dual/multi-core recommended).
2 GB RAM. Internet connection with 0.5 Mbps download speed.
We recommend always using the most up-to-date version of your browser when using LibreView. Please note, at this time, Microsoft Edge is not a supported browser.
In order to upload data, you must install the LibreView Device Drivers (LDD) when prompted.
Uploading data requires the following additional system specifications:
Windows LDD 3.1.0 and higher. Windows 7 SP1, Windows 8.1 or Windows 10 April 2018 update (and higher). Will install if not present .Net Framework 4.7.2 and Microsoft Visual C++ 2017 Redistributable (x86). 8 GB+ RAM and 200 MB free disk space. Internet connection with 1 Mbps upload speed. Local Administrator account.
Mac LDD 1.1.0. Mac OS X Yosemite (10.10) or higher. 8 GB+ RAM and 200 MB free disk space. Internet connection with 1 Mbps upload speed. Local Administrator account
11. Information Available on this Website
The information and content provided through the Purchase Channels does not constitute medical advice. You should consult your healthcare professional for advice before you make any decisions relating to your treatment or care.
Abbott disclaims to the maximum extent permitted by law all liability for any loss or damage suffered by you or any person, be it directly or indirectly as a result of or in connection with your use of https://freestyle.abbott/uk-en/home.html or any treatment or care decisions that you make. However, Abbott does not exclude or limit its liability for death or personal injury resulting from Abbott’s negligence (see paragraph 23 below).
12. Product Availability
The purchase of Sensors and/or Reader(s) through the Purchase Channels is subject to availability. Abbott will inform you as soon as possible if the Abbott product you have ordered is not available and Abbott will not process your order. If you have already paid for Sensors and/or Reader(s), you will be refunded in full if your order cannot be fulfilled. Abbott reserves the right to impose ordering restrictions on the number of Abbott products that can be ordered and the interval at which these Abbott products can be ordered.
The FreeStyle Libre Flash Glucose Monitoring System Reader (“Reader”) when used with a FreeStyle Libre or FreeStyle Libre 2 Flash Glucose Monitoring System Sensor (“Sensor”) is indicated for measuring interstitial fluid glucose levels in people (age 4 and older) with diabetes mellitus, including pregnant women. The Reader and Sensor are designed to replace blood glucose testing in the self-management of diabetes, including dosing of insulin.
The indication for children (age 4 - 12) is limited to those who are supervised by a caregiver who is at least 18 years of age. A caregiver at least 18 years old is responsible for supervising, managing, and assisting the child in using the FreeStyle Libre system and interpreting its readings.
The FreeStyle Libre Flash Glucose Monitoring System has not been evaluated for use in persons on dialysis, people less than 4 years of age or when used with other implanted medical devices, such as pacemakers.
The DVLA (Driver and Vehicle Licensing Agency) requires all drivers to monitor their glucose levels.
In February 2019, the DVLA updated their regulations to include Group 1 drivers to use Flash Glucose Monitoring systems for the purposes of driving. Drivers must not actively use their glucose monitoring system whilst driving a vehicle, instead they must pull over in a safe location before checking their device. Drivers using the FreeStyle Libre Flash Glucose Monitoring system must get a confirmatory finger prick glucose level in the following circumstances:
- If their glucose level is 4.0mmol/L or below.
- If they have symptoms of hypoglycaemia.
- If their glucose monitoring system gives a reading that is not consistent with their symptoms.
- If they are aware that they have become hypoglycaemic or have indication of impending hypoglycaemia.
- During times of rapidly changing glucose levels
Group 2 drivers must continue to use finger prick testing for the purposes of driving. Flash Glucose
Monitoring systems are not legally permitted for the purposes of Group 2 driving.
For the most up to date requirements and full details of self-monitoring requirements, please contact the DVLA directly or visit their website.
The Reader incorporates a built-in blood glucose meter which can be used with FreeStyle Optium Blood Glucose Test Strips.
14. Money Back Guarantee
Please read these Terms before making a purchase of a FreeStyle Libre starter kit. In addition to your legal rights, the purchase of your initial FreeStyle Libre starter kit through https://freestyle.abbott/uk-en/home.html is backed by a thirty (30) day money back guarantee. If you change your mind about your purchase or come to the view that the FreeStyle Libre is not for you, then please return it within thirty (30) calendar days of receipt.
To return your purchase, please call the Customer Careline within thirty (30) days of receiving the product. Please be aware that you are responsible for the cost of any returns. Abbott will refund the product price however; delivery charges will not be refunded unless you cancel within fourteen (14) days and in accordance with these Terms.
The cost of the FreeStyle Libre starter kit will be refunded to you within fourteen (14) working days using the method that you used to pay for the purchase. This thirty (30) day money back guarantee only applies to the first purchase of the FreeStyle Libre starter kit.
15. Legal Rights
Abbott is required by law to ensure that Abbott products ordered from Abbott comply with the Terms of Abbott’s contract with you. In particular, any Abbott products that Abbott supplies to you must correspond with any relevant description included on the Abbott website, must be of satisfactory quality and must be fit for their intended purpose as described by Abbott.
Your purchases and replacement Sensors and/or Reader(s) will be delivered to you as soon as possible and in any event within thirty (30) calendar days of Abbott accepting your order. Once your order is ready to be shipped, you will receive a dispatch email from Abbott. All delivery times specified in the Purchase Channels are estimates only and are not guaranteed.
The Sensors and/or Reader(s) will be delivered to you by a courier engaged by Abbott and can only be shipped to a UK or an Isle of Man address.
You are responsible for the Sensors and/or Reader(s) when they are delivered to you.
If you are not available when your order is delivered, your order will be returned to Abbott and you will receive a notification that your order could not be delivered. Where an order cannot be delivered and is returned to Abbott’s warehouse, Abbott will apply a refund to your account.
Abbott will deliver directly to the UK or Isle of Man address specified in your order. Abbott is unable to deliver the same order to multiple addresses or amend the delivery address once dispatched.
The prices of the Sensors and/or Reader(s) will be as described through the relevant Purchase Channel from time to time. Abbott will take reasonable care to ensure that the Abbott product prices are correct at the time an order is placed.
Prices for the Sensors and/or Reader(s) may change from time to time. Price changes will not affect any order which has been accepted by Abbott as set out above.
The Sensors and/or Reader(s) price includes VAT at the applicable rate in the UK as may be amended from time to time. If you have a long-term illness such as diabetes or you are disabled, you might not have to pay VAT on certain goods and services that you buy from Abbott. VAT exemption may be only claimed at the time of purchase only.
The price of the Sensors and/or Reader(s) does not include delivery charges to you. You will be informed of the delivery charges when you make your purchase through the Purchase Channel.
Delivery charges will be added to the total amount due.
If you are charged an incorrect price, then either:
(a) where the Abbott product’s correct price is less than the price stated through the Purchase Channel, you will be charged the lower amount prior to the Abbott product being dispatched to you; or
Abbott will refund you using the same means as you used for the transaction. If you paid by card, then you will be reimbursed on the credit card or debit card used by you to pay.
From time to time, Abbott may make special offers available through the Purchase Channels. Abbott will provide the terms of any special offers at the time of purchase. Any such terms incorporate these Terms in full. In the event of any conflict between these Terms and any special offers, these Terms shall prevail.
18. Payment Method
Abbott accepts most major credit cards for payment. The accepted methods of payment are displayed on the Abbott website.
Payment for your order and all applicable delivery charges is in advance of receiving the Abbott products. You will be charged for the sensors/reader(s) that you are purchasing when your order is dispatched to you by Abbott. The Sensors and/or Reader(s) will be owned by you when your payment has been processed in full.
You confirm that you own the credit/debit card that is being used to make your purchase.
If your card issuer refuses to authorise payment for your order, Abbott will be unable to dispatch the Sensors and/or Reader(s) to you and Abbott will not be responsible for any delay or non-delivery. Abbott will not be informed of the reason for refusal and therefore, is unable to inform you of the reason that your card issuer has refused payment.
Abbott is not responsible for any card or bank charges issued by your card issuer as a result of processing payment for your order.
Your account will record that payment has been taken by Abbott Laboratories Limited. You will be notified each time that a payment is taken.
19. Cancellation and Refunds
Subject to the exceptions set out below, you have the right to cancel the contract for the purchase of Abbott products at any time up to fourteen (14) days after the day on which you receive your order. If you place an order for several products and they are delivered separately, then your fourteen (14) days will start the day after you receive the last product on your order.
You can cancel the contract by sending a clear statement such as a letter sent by post or email to Abbott. For example, you can send the cancellation form available here to Abbott Diabetes Care, Abbott Laboratories Limited, Abbott House, Vanwall Business Park, Vanwall Road, Maidenhead, Berkshire SL6 4XE (but this is not compulsory). You may also call the Abbott Customer Careline on 0800 170 1177.
If you decide to cancel the contract, you should keep a record of the cancellation information that you provided to Abbott.
Cancellation Prior to Delivery
If you change your mind about your purchase and decide to cancel the contract prior to the Sensors and/or Reader(s) being delivered, you should notify Abbott, as stated in paragraph 19, immediately and reject any orders dispatched.
If you wish to cancel the contract in these circumstances, it is preferable that you call the Abbott Careline on 0800 170 1177.
Refunds after Delivery
(a) Unopened Sensors and Readers and Opened Outer Packaging.
If you decide that you do not wish to keep the unopened Sensors and/or Reader(s) that you ordered or if only the delivery packaging of the Sensors has been opened, you are entitled to cancel the contract without giving any reason within fourteen (14) days from which you acquire, or a third party other than the carrier and indicated by you acquired, physical possession of the Abbott products subject to the conditions set out here.
Unopened Sensors and Readers must have their tamper seals intact.
If you cancel this contract in these circumstances, Abbott will reimburse to you all payments received from you, including the cost of delivery of the Abbott products to you once the items have been returned. You are responsible for delivery costs that are above the standard delivery option and for the cost of returning the Abbott products.
If you wish to return the Abbott products within the specified timeframe, please contact the Abbott Customer Careline on 0800 170 1177, who will be able to advise you on how to return items to Abbott.
You will lose the right to a refund if any packaging that is required for hygiene reasons has been removed and/or tampered with.
(b) Unused Opened Sensors
In the event that you open an individual Sensor package, Abbott is unable to accept the Sensor for return for safety and hygiene reasons. You should dispose of the Sensor according to the instructions included in the package.
Abbott is unable to offer any refund with respect to Sensors that have been opened.
(c) Unused Opened Reader
In the event that you open the Reader, Abbott is unable to accept the Reader for return for safety and hygiene reasons. You should dispose of the Reader according to the user instructions.
Abbott is unable to offer a refund in respect of any reader that has been opened.
To meet the cancellation deadline of fourteen (14) days after your order has been delivered to you, it is sufficient for you to send a clear statement such as a letter sent by post or email to Abbott (for example, by sending the form accessible here https://freestyle.abbott/uk-en/home/support/contact.html, or to call the Abbott Customer Careline before the cancellation period has expired.
If you are entitled to a refund, Abbott will process the refund as soon as possible and in any case within fourteen (14) calendar days from the date Abbott receive the Abbott product(s) back from you, or (if earlier) fourteen (14) days after the day that you provide evidence that you have returned the Abbott product(s), or if the Abbott product(s) were not delivered to you, within fourteen (14) days after the day on which Abbott was informed that you wish to cancel the contract.
Abbott will refund you using the same means as you used for the transaction. If you paid by card then you will be reimbursed on the credit card or debit card used by you to pay.
Abbott reserves the right to refuse to issue a refund or replacement Abbott product and to recover the cost of the return delivery from you in the event that the Abbott product is found to have suffered damage after delivery or has been misused or used other than in accordance with the instructions or if the problem is due to normal wear and tear.
20. FreeStyle Libre Products
Sensors are designed to be worn for a maximum of fourteen (14) days only. If during that fourteen (14) day period it becomes clear that your Sensor is not fit for its intended purpose and develops a fault, you are entitled to:
(a) reject the faulty Sensor that you have received and receive a refund;
(b) require Abbott to replace the faulty Sensor free of charge (provided that this does not impose a disproportionate cost on Abbott compared to your right to reject and receive a refund).
Abbott’s policy on replacing Sensors that are fit for their intended purpose and of satisfactory quality is set out in paragraph 21. You should contact the Abbott Customer Careline on 0800 170 1177 to report the issue before sending any products back. As products may be required back for investigation, you should not dispose of any items before contacting Abbott.
(a) Up to 30 days - If the Reader is faulty, you can reject it and get a refund;
(b) up to six (6) months - If the Reader can't be replaced, then you're entitled to a full refund in most cases; or
(c) (c) up to six (6) years - If the Reader does not last a reasonable length of time you may be entitled to some money back
In the event that a Reader develops a fault within a period of two years (or three years if you have taken out an extended warranty as described at paragraph 22 below) from the date of delivery (other than due to normal wear and tear, failure to follow instructions or misuse) or is damaged while it is being delivered, Abbott will replace the Reader or offer you a refund.
Please contact the Abbott Customer Careline on 0800 170 1177 who will be able to advise you on how to return faulty Sensors and/or Readers to Abbott and obtain a replacement or refund. Abbott will refund you using the same means as you used for the transaction. If you paid by card, then you will be reimbursed on the credit card or debit card used by you to pay.
Abbott will not replace Readers or Sensors that have been damaged due to user-damage or misuse.
This is a summary of your key legal rights in relation to the Abbott products. Nothing in these Terms will affect your legal rights. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call +44(0)3454 04 05 06.
FreeStyle Libre Readers and Sensors – Expiry dates
Readers do not have an expiry date.
Sensors have an expiry date printed on the packaging of each Sensor box. The Sensor must be applied to a user before the expiry date shown. It is not recommended to use Sensors that have expired.
Abbott will not replace Sensors that have not be used before their expiry date.
21. FreeStyle Libre Sensors – Duration of Sensor
Sensors are designed to be worn for a maximum fourteen (14) day period. The wear time of a Sensor is dependent upon many factors, including, but not limited to your skin type and the activities that you undertake while wearing a Sensor. Sensors that have fallen off because of such factors are non-defective.
Your legal rights that apply if your Sensor is faulty are set out paragraph 15 above. In addition, in order to ensure that each customer has the best possible opportunity to assess whether the Sensor is a suitable product for them, it is Abbott’s policy that:
(a) Where a customer reports that a Sensor has fallen off prior to the maximum fourteen (14) day wear period and requests a refund or a replacement Sensor, Abbott will contact and work with that customer to ensure that the Sensor was applied in accordance with the instructions set out in the User Manual;
(b) If your Sensor has fallen off within the first seven (7) days Abbott will replace the Sensor free of charge or offer a refund;
(c) Abbott will replace a maximum of three (3) non-defective Sensors free of charge. After receipt of your third replacement Sensor, your entitlement to replacements will reset after ninety (90) calendar days – for the avoidance of doubt this pro+vision is in relation to Sensors which are not defective;
(d) If after the third replacement sensor, you are still experiencing difficulty and Sensors do not last for the maximum fourteen (14) day wear period, Abbott will be unable to replace any further Sensors or to provide any refunds; and
(e) If you are unable to wear a Sensor for the maximum wear period, you may decide that the FreeStyle Libre System is not the appropriate product for you.
In order to receive a replacement Sensor which may be due to you, you should contact the Abbott Customer Careline, 0800 170 1177, on the day that the Sensor falls off, and you should keep the displaced sensor and follow the instructions of the Abbott Careline representative.
Abbott will not replace any Sensors that have been damaged or have fallen off due to user-damage.
22. Abbott Product Warranty
The Reader is sold with a two (2) year warranty and will be replaced by Abbott if it develops a fault (other than due to normal wear and tear, failure to follow instructions user error or misuse) during this two (2) year period. In the alternative, you may notify Abbott that you wish to receive a refund of the purchase price and delivery costs.
If you agree to provide Abbott with your contact details, you will receive an additional one (1) year’s warranty on the Reader.
Abbott does not exclude or limit in any way its liability for:
(a) Death or personal injury caused by Abbott’s negligence;
(b) Fraud or fraudulent misrepresentation;
(c) Breach of the terms implied by the Sale of Goods Act 1979 (as amended); or
(d) Defective products under the Consumer Rights Act 2015.
To the extent permissible by law, Abbott excludes its liability for all other matters.
Abbott is not liable to you where performance of any obligations is prevented or restricted by any circumstance or cause beyond Abbott’s reasonable control.
You are responsible for the ways in which you use the Sensors and Readers and Abbott does not accept any liability in this regard.
Abbott limits its liability in respect of any sums paid and/or payable for any damage caused to any of your devices or digital content by an Abbott product to the sum of £1,000 for all claims over the life of the contract.
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available is owned at all times by Abbott.
If you would like to contact Abbott, please contact:
Abbott Customer Careline +44(0) 800 170 1177
Contact section on our website; https://freestyle.abbott/uk-en/home/support/contact.html or our website https://freestyle.abbott/uk-en/home.html
Post: Abbott Diabetes Care, Customer Service Department (82), Maidenhead, Berkshire, SL6 4UD
25. Transfer of Contract
Any contract for the purchase of Abbott products made through the Purchase Channels is between Abbott and you. No other person shall have any rights to enforce any of its Terms. If you have purchased an Abbott product as a gift, the recipient of the gift will be entitled to the benefit of the warranty set out in these Terms.
Abbott may transfer its rights and obligations under the contract to another organisation. This will not affect your rights or Abbott’s obligations under these Terms.
All other transfers of rights and obligations must be agreed with Abbott in writing prior to the transfer taking place.
26. Interpretation of these Terms
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, that paragraph or part-paragraph shall, to the extent required, be deemed not to form part of the contract, the remaining paragraphs will remain in full force and effect.
27. Delay in Enforcement
If Abbott fails to insist that you perform any of your obligations under these Terms or is delayed in enforcing the Terms, this should not be interpreted as a waiver of the rights of Abbott under these Terms. You are still required to comply with these Terms irrespective of Abbott’s enforcement or otherwise. A default by you will only be waived if it is in writing, signed by Abbott.
28. Governing Law
These Terms (and formation, construction, performance and validity of the contract) and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) are governed by the laws of England. You can bring legal proceedings in respect of the Abbott products in the English courts. If you are a consumer and:
a) live in Scotland you can bring legal proceedings in respect of the Abbott products in either the Scottish or the English courts; or
b) live in Northern Ireland you can bring legal proceedings in respect of the Abbott products in either the Northern Ireland or the English courts.
29. Dispute Resolution
Abbott Customer Careline 0800 170 1177
Email: ADCHelpUK@abbott.com Subject; FreeStyle Libre Complaint
Post: Abbott Diabetes Care, Customer Service Complaints (82), FREEPOST RRBS-BLAA-SEHT, Maidenhead, Berkshire, SL6 4UD
If you are unhappy about the way that Abbott has handled a complaint, you may wish to use the European Online Dispute Resolution Platform to further discuss your complaint with Abbott. The Online Platform can be found here: http://ec.europa.eu/consumers/odr/.
We are not willing or obligated to participate in dispute resolution procedures.
Abbott will not file a copy of this contract.
31. Subscription Terms
Application of the Subscription Terms
These terms and conditions (the “Subscription Terms”) apply where you enter into a subscription agreement on Abbott’s FreeStyle Libre website at https://freestyle.abbott/uk-en/home.html, under which you receive from Abbott a supply of Sensors at regular intervals, and, optionally, ongoing access to advice and coaching relating to food, nutrition, diet, activity, exercise and lifestyle (“Personal Health Coaching”) from Abbott’s third-party partner (a “Subscription”).
When you place an order for a Subscription for Sensors, or for Sensors and Personal Health Coaching, you agree to be bound by these Subscription Terms. These Subscription Terms apply in addition to the general Terms and Conditions of Sale of which they form a part, all of which also apply to the supply of Sensors and Personal Health Coaching under Subscription. If there is any conflict between these Subscription Terms and any other part of the general Terms and Conditions of Sale, these Subscription Terms have priority.
Subscriptions are available for the supply of Sensors to addresses in the United Kingdom and Isle of Man.
Subscriptions, and Sensors and access to Personal Health Coaching obtained under them, are for private and personal purposes only. Personal Health Coaching is only available to people aged 18 or older, so Subscriptions including Personal Health Coaching may only be taken out by people of that age.
Sensor-only Subscriptions may be taken out by people of 18 years or older for their own use, or for the use of children of at least 4 for whom they are authorised to obtain a Subscription.
Sensors and, if selected, Personal Health Coaching obtained via Subscription are only for the subscriber’s personal use or, for sensors only, the personal use of a person aged at least 4, as noted above.
Subscriptions do not include supply of a FreeStyle Libre reader. You do not need a FreeStyle Libre reader to use Sensors or to receive Personal Health Coaching.
Personal Health Coaching is supplied by way of a smartphone app. The minimum system requirements for the app at any given time are set out on our website at: https://livahealthcare.com/faq/
How your Subscription works
Your Subscription will be activated once your order is processed and your payment details verified and authorised. You will receive email confirmation of purchase and, if purchased, details via email on how to access the Personal Health Coaching subscription. Full details of your subscription benefits are set out at:https://freestyle.abbott/uk-en/home/products/myfreestyle-live-healthy.html
Subscriptions work on a 28-day cycle. Shortly after processing your order, and every 28 days after that, we will process your payment and despatch your Sensors. If your payment fails, we will not send the next shipment of Sensors. See “Your details” below for more information on what we will do if we cannot process payment.
You should receive the Sensors approximately 3-4 working days after successful payment has been processed. If you have not received a delivery of Sensors more than 7 working days after the payment has been processed, please notify Abbott as soon as possible.
The Sensors will be delivered to you by a courier engaged by Abbott and can only be shipped to a UK or an Isle of Man address. Abbott will deliver directly to the UK or Isle of Man address specified in your order. Abbott is unable to deliver the same order to multiple addresses or amend the delivery address once dispatched.
You are responsible for the Sensors from the time when they are delivered to you.
If you are not available when your order is delivered, your order will be returned to Abbott and you will receive a notification that your order could not be delivered. Where an order cannot be delivered and is returned to Abbott’s warehouse, Abbott will apply a refund to your account.
Your Subscription payment will be taken every 28 days via your chosen payment method, until the end of your chosen Subscription period, unless your Subscription is cancelled earlier in accordance with these Subscription Terms.
Shortly before the end of the applicable Subscription Period, we will offer you the option to renew your Subscription and continue to receive regular deliveries of Sensors and to retain, or commence, access to Personal Health Coaching. If you do not renew your Subscription, it will come to an end, but you can always renew it in future.
Subscriptions require a valid payment method to be securely saved to your account profile. This payment method will be charged upon your next upcoming subscription date.
It is your responsibility to ensure that all details you provide for your Subscription (including your contact details, payment details, payment method and delivery address) are correct and up to date.
Any changes must be notified and made at least 2 working days prior to your next scheduled Sensor despatch date for those changes to take effect for your next scheduled Sensor delivery.
You can manage and make changes to these details and check your next scheduled Sensor despatch date, either online in the “My Account” section of our website at https://www.freestyle.abbott/uk-en/myfreestyle/login.html or by calling the Abbott Customer Careline on 0800 1701177.
Abbott is not responsible for any loss or inconvenience you suffer as a result of failing to keep your details up to date, and will not provide any credit or refund in respect of Sensors that are not delivered as a result.
If the payment method or details you have provided for your Subscription are incorrect or invalid or your payment is rejected or fails to be processed, Abbott will attempt to process payment again for the order in the next 7 days. You will receive a notification if your payment is rejected or fails to be processed. If Abbott is unable to process your payment a second time, your Subscription will be automatically cancelled.
You may review your Subscription at any time in the “My Account” section of Abbott’s FreeStyle Libre website at https://www.freestyle.abbott/uk-en/myfreestyle/login.html.
Your legal right to cancel during the cooling off period
During a “cooling off” period of 14 days starting the day after you receive your first delivery of Sensors, you have a legal right to cancel your Subscription, without giving a reason, and to receive a refund of money paid, subject to the exceptions set out below:
- If the tamper seals on the Sensors you have received have been broken, or if the value of the Sensors has otherwise been diminished as a result of your handling of them beyond what is necessary to establish their nature, characteristics and functioning, we may deduct the amount by which their value has diminished (which may be their full price) from the refund you receive.
- If you have chosen to receive Personal Health Coaching, you consented during the sign-up process to this service starting during the cooling-off period. You also agreed that, if you exercise your right to cancel, we may charge you for the supply of Personal Health Coaching during the cooling-off period, up to the point at which you tell us that you are exercising your right to cancel. The charges we will make for Personal Health Coaching received during the cooling-off period will be in proportion to what has been supplied, in comparison with the full coverage of the contract, but please note that the first part of the Personal Health Coaching, which is likely to take place during the cooling-off period, is an initial consultation with a personal health coach, which is the most expensive element of the Personal Health Coaching.
- You must return to us any Sensors you have received, at your own cost, without undue delay and in any event no more 14 days after the day on which you tell us you are exercising your right to cancel.
You can let us know that you are exercising your right to cancel during the cooling off period by contacting us as detailed in paragraph 19 (Cancellation and Refunds), using the contact details at paragraph 8 (Contact Details - Abbott Diabetes Care).
If you receive any Sensors before or after telling us you are cancelling your Subscription, you must return them to us at your own cost. Please contact the Abbott Customer Careline on 0800 170 1177, who will be able to advise you on how to return items to Abbott.
If you are entitled to a refund, Abbott will process the refund as soon as possible and in any case within 14 days from the date we receive any Sensors back from you, or, if earlier, 14 days after the day that you provide evidence that you have returned the Sensors, or, if the Sensors were not delivered to you, within 14 days after the day on which you informed us that you were exercising your right to cancel the contract during the cooling-off period.
We will refund you using the payment details saved to your account profile. Abbott is not responsible if you do not receive a refund as a result of failing to keep your payment details up to date.
Your right to terminate the Subscription after the cooling off period
After the 14-day cooling off period, you can cancel your Subscription at any time by giving a minimum of 8 weeks’ notice of cancellation, which you can give by contacting Abbott as detailed in paragraph 19 (Cancellation and Refunds) of the general Terms and Conditions of Sale, or using the contact details at paragraph 8 (Contact Details – Abbott Diabetes Care) of the general Terms and Conditions of Sale.
During the notice period your Subscription will continue as normal. We will continue with any Sensor deliveries due to be made, and we will charge you accordingly, and you will still have access to Personal Health Coaching.
Abbott’s right to cancel your Subscription
Abbott may cancel your Subscription if at any time it reasonably suspects that:
(a) your Subscription is being used for any purpose other than personal use by you or the individual who has authorised you to take out the Subscription on their behalf, including any commercial or business use; or
(b) you have broken these Subscription Terms;
or it is identified;
(c) by Personal Health Coaching partner report that no programme or app engagement has occurred for more than 28 consecutive days; or
(d) that you are ineligible for the Sensors and Personal Health Coaching. A person will be deemed ineligible if they (i) have diabetes that requires insulin injections multiple times each day, (ii) have pre-diabetes, (iii) have no diabetes or (iv) for other reasons as may be determined by Abbott from time to time.
We may contact you to let you know that we are going to stop providing the Subscription service. We will let you know at least 8 weeks in advance of our stopping the supply of the Subscription service and will refund any sums you have paid in advance for Sensors and/or Personal Health Coaching which will not be provided, except in case (d) above where cancellation and appropriate refund will be with immediate effect.
Please notify Abbott as soon as possible if: (a) you continue to receive deliveries of Sensors, or if payments are being processed, after your Subscription has been cancelled; (b) you believe you have been incorrectly billed for Sensors ordered through your Subscription; or (c) you receive a delivery of Sensors which is incorrect in any way.
Abbott’s right to make changes to Subscription charges or these Subscription terms or the Subscription benefits
If the rate of VAT changes during the term of your Subscription, we will adjust the rate of VAT that we charge you accordingly.
Personal Health Coaching is supplied by Abbott’s third-party partner, Liva Healthcare. If Liva Healthcare becomes unable to supply Personal Health Coaching, we will notify you that Personal Health Coaching is ending. You will have the options to (i) receive a refund for any payments you have made in advance for Personal Health Coaching that you will not receive, but to keep receiving Sensors; or (ii) to cancel your Subscription and receive a refund for any payments you have made in advance for Personal Health Coaching or Sensors.
Otherwise, Abbott will seek to avoid making any changes to your Subscription charges, or to the products and services you receive, during the term of your Subscription. If we do intend to increase the Subscription charges, or change the products and services you receive, we will let you know in advance, and you will have the opportunity to cancel your Subscription without penalty if you do not want to continue at the new price or with the new products and services.
If we need to change these Subscription Terms during the term of your Subscription, we will notify you in advance and give you the opportunity to end the contract before the changes take effect, and to receive a refund for any Sensors paid for but not received.
Your personal information
You acknowledge and agree that personal information you provide in connection with a Subscription or when you place your order for Products through a Subscription will be collected and stored by Abbott and/or its affiliates or third party service providers and used for the purpose of managing your Subscription.
Communicating with you about your Subscription, any offers or benefits in connection with Subscriptions and providing you with promotional material and information in relation to the Products.
Abbott is not responsible or liable for any losses you may incur or suffer as a result of your failure to comply with these Subscription Terms or for any mistakes you make in entering contact information, Product ordering or Subscription details, or where you have not updated your details or where you have not provided sufficient notice of a change in your details in accordance with these Subscription Terms.
Our responsibilities, including for loss or damage suffered by you Abbott has a legal duty to supply goods that conform with the contract between us.
Abbott is responsible to you for foreseeable loss and damage caused by our failure to comply with these Subscription Terms or our failure to use reasonable care and skill. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen: for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Sensors, including those set out at paragraph 15 (Legal Rights); for our failure to use reasonable care and skill in providing the Personal Health Coaching; and for defective products under the Consumer Protection Act 1987.
If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
Abbott is not liable for business losses. We only supply Sensors and Personal Health Coaching for domestic and private use.
If you use Sensors and Personal Health Coaching for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity, or third party claims based on any advice you provide.
In particular, if you are a medical professional using Sensors and Personal Health Coaching in the course of patient care, we hereby exclude our liability to the maximum extent permitted by law for any medical advice you give based on, or in relation to, Sensors and Personal Health Coaching.